STUDY PERMIT REFUSAL

What are your options?

Applying for a Study Permit can be a lengthy and tedious process. You will be asked to provide information and supporting documentation about yourself and your family members.

This type of application is submitted either online or via paper and does not include an interview process unlike other countries.

As such, it is very important that you provide strong and convincing evidence to demonstrate to the officer, among other things, that your main purpose of coming to Canada is to study and that you intend to return to your home country upon completion of your studies.

Common Reasons for Study Permit Refusals

It is important that applicants understand what immigration officers are looking for when compiling your study permit application.

Many applicants who apply on their own fail to recognize this point and believe that submitting the required documents according to the document checklist will result in an approval. As a result, many applicants are refused a study permit. This cannot be taken lightly. Once you have been issued a refusal, the refusal will be permanently documented in IRCC’s database and all subsequent applications will face heavier scrutiny.

Common reasons why applications for study permits

Ties to Home Country

Applicants must demonstrate that they will leave Canada and return to their home country upon completion of their studies.

Although applicants may intend to either extend their study permit or apply for subsequent visas (ex. post-graduate work permit), they must still provide proof of intent to return to home country.

Examples:

  • Evidence of family members in home country (ID documents, reference letters, etc.)
  • Proof of assets and/or investments in home country (real estate, business ownership, vehicle, etc.)
  • Future employment and/or job prospects in home country (letter of intent, proof of healthy job market in your specified field of study, etc.)
  • Responsibilities in home country which requires your (eventual) physical presence back home (children, spouse, taking care of sick family member, etc.)

Study Plan

A study plan provides officers with an insight on how your Canadian education will facilitate your long-term educational goals or career aspirations. This is a critical component of your study permit application package – thus it is important to invest a great deal of effort into it!

Immigration officers will examine why you wish to study in Canada and the reasons behind your program choice. For example, if you intend to pursue a career in Accounting, you should provide evidence of a strong job market in your home country.

What you should include in your study plan?

  • Why you wish to study in Canada?
  • What are your career aspirations and educational objective?
  • Why you are not pursuing a similar program in your country of residence?
  • How will this program of study enhance your employment prospects in your native country?
  • Do you have any employment offer, internship, or volunteer position dependent on the completion of your Canadian studies?

Financial Support                        

  • Applicants must provide evidence that they possess enough funds to cover the first year of tuition and living expenses.
  • This can be accomplished by providing copies of your bank statements, proof of student loan, and/or proof of tuition paid. Applicants can easily be refused a study permit for failure to show sufficient funds.

Misrepresentation

What is Misrepresentation?

Immigration Refugees and Citizenship Canada (IRCC) defines misrepresentation as lying and/or sending false documents in any application.

IRCC classifies misrepresentation as a serious criminal offense. If convicted, in addition to a refusal, you can receive an immediate 5-year ban to enter Canada, as well as a fine up to $100,000 or imprisonment. In addition, you will be permanently “red-flagged” with IRCC for any future applications.

Once your 5-year ban is lifted, you will be allowed to apply for an immigration visa to enter Canada. Be aware that given your previous conviction of misrepresentation, immigration officers will closely analyze any future applications.

Depending on your situation, being convicted of misrepresentation can also result in a:

  • Recusal of your permanent resident status in Canada
  • Criminal record
  • Removal order to exit Canada

When completing forms or providing documents, it is critical that you ensure the information being provided is truthful and accurate. Whether it was intentional or unintentional, you are ultimately responsible for any material errors or omissions made in your application.

What if I made a small error?

Generally, a small or innocent mistake such as a misspelled name or date of birth will not be considered misrepresentation.

The rule of thumb is whether you lied about and/or withheld a material fact that would affect the application and mislead the immigration officer. This cannot be stressed enough, as it can be difficult to address errors and/or omission and justify the misrepresentation to the immigration officer.

What if I made a small error?

When applying for a study permit, the most common examples of misrepresentation include the following:

  • Failure to declare a family member
  • Failure to mention previous refusals
  • Submitting a fraudulent or altered school acceptance letter

Misrepresentation by Others on Application

Just because you provided truthful information and legitimate documents does not mean that you cannot be charged with misrepresentation.

If anyone included in your application (ex. family member) provides false information or fraudulent documents, it is you, the principal applicant, who will be at fault, even if you were unaware.

What can I do if my Study Permit was Refused?

If your study permit was refused for any reason other than misrepresentation, there are a few options available to you.

Re-Apply

The quickest solution is to re-apply. However, it is important to identify the reason(s) why your application was refused and properly address the reasons for refusal in your subsequent application.

Many of our clients have succumb to submitting numerous study permit applications without addressing the reasons for refusal. Not only does this result in multiple refusals, but immigration officers can be reluctant to approve a study permit application if you re-apply within the same year of receiving a refusal, particularly if you are applying on your own

Judicial Review

If your application for a study permit was refusal and the reasons for refusal are inadequate based on the evidence presented in your application, you may appeal the refusal to the Federal Court of Canada through a process known as Judicial Review.
This can be a lengthy and expensive process and should be considered as a last resort.

How to Address Misrepresentation

If you have been charged with misrepresentation by IRCC, your first recourse is to respond to the charge and explain yourself through a process known as procedural fairness.

If you have been convicted of misrepresentation and given a 5-year ban to enter Canada, you may be eligible to appeal the IRCC decision through the following routes:

Authorization to Return (ARC)

If you received a removal order to leave Canada (ex. Departure Order, Exclusion Order or Deportation Order), you can apply for an Authorization to Return to Canada.

Temporary Resident Permit (TRP)

A TRP will allow you to enter Canada on a temporary and limited basis even though you are deemed inadmissible.

Judicial Review

You may appeal your conviction of misrepresentation to the Federal Court of Canada through a process known as judicial review.

How We Can Help

At EXITUS IMMIGRATION SERVICES , our representatives help clients with their study permit refusals.

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